Final Verdict: $12 Million Lawsuit Fails

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Final Verdict: $12 Million Lawsuit Fails

When people think about medical malpractice, they often envision dramatic mistakes like major surgical errors. However, difficulties with prescription drugs are another critical area where medical mistakes are even more common. A doctor may misdiagnose, leading to the patient receiving a drug that’s completely wrong, or the pharmacy may mix up the prescription and give the patient the opposite of what they need (for example, a drug to lower blood pressure when they need a drug to raise blood pressure).Final Verdict: $12 Million Lawsuit Fails

Most commonly, medical malpractice involving prescriptions happens when a drug is prescribed that is usually right for the patient’s condition, but wrong for that specific patient, either because the patient has an independent condition or because the patient is taking other drugs which interfere. Additionally, a drug may be the recommended intervention for a particular condition but have undisclosed side effects which are more severe than the symptoms it is intended to treat. In such situations, physicians should be careful to discuss all possible side effects and ask questions to determine whether a particular drug should be avoided.

Geraldine O’Connell, a 60-year-old retiree in Washington, DC, believed that her physician Assil Saleh had not properly informed her of the risks of warfarin, a blood thinner prescribed to her for genetic blood abnormalities. Warfarin was necessary, but carries risks of bleeding when taken in large doses. Doctors who prescribe warfarin typically recommend the use of International Normalized Ratio (INR) testing to ensure that the blood’s ability to clot remains at acceptable levels.

Two months after Dr. Saleh ordered additional Warfarin, Geraldine suffered a major stroke due to uncontrolled bleeding in her brain. The stroke took place while she was traveling in the United Kingdom with her husband. It left her unable to communicate verbally and in need of 24-hour care, requiring her husband to quit his job in the United Kingdom to take care of her full-time. Geraldine sued Dr. Saleh, arguing that the doctor should have monitored her INR and taken more precautions to warn about the risks of stroke and uncontrolled bleeding. She claimed $3.9 million dollars in medical care and over $4 million dollars for her husband’s lost wages as her caretaker, with a total demand of $12 million for pretrial settlement.

The trial lasted for over a week. Defense experts, arguing on behalf of Dr. Saleh, stated that Geraldine was properly informed of the risks for bleeding and told she needed to monitor her INR on her own. Geraldine’s medical malpractice attorneys, in turn, pointed out that the doctor had prescribed additional warfarin without knowing whether the INR levels were actually being checked, and should be held responsible. Unfortunately for Geraldine, the lack of testing proved to be a problem, as she had no way of showing that the INR levels were in a dangerous range at the time Dr. Saleh prescribed another course of warfarin.

Additionally, Dr. Saleh’s attorneys produced handwritten medical records of instructions provided to Geraldine by the physician and argued that Geraldine failed to follow them. This meant that it was very difficult for her to prove the physician did anything wrong. After two days of deliberation, the Washington, DC jury decided that no medical malpractice had taken place, and the case was closed. If you have questions about a medical malpractice case call an attorney like  Cohen & Cohen  today.

 

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My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
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June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
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COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
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